Distracted driving remains one of the most persistent causes of serious crashes in Ohio and Michigan, and despite updated state laws and national awareness campaigns, the problem continues to grow. National data from the National Highway Traffic Safety Administration (NHTSA) shows that distracted driving contributes to more than 3,000 roadway deaths each year, along with hundreds of thousands of injuries. Both states consistently report similar trends in their annual crash reports, with distraction playing a significant role in rear-end collisions, roadway departures, and intersection crashes.
As national safety agencies—including NHTSA, the Governors Highway Safety Association (GHSA), and the Insurance Institute for Highway Safety (IIHS)—continue emphasizing the dangers of electronic device use behind the wheel, Ohio and Michigan have updated key portions of their traffic laws to address the most common forms of driver distraction. Understanding what counts as distracted driving, how violations are enforced, and how distraction affects liability in an accident is essential for anyone operating a vehicle in either state.
What Is a Distracted Driver?
A distracted driver is any motorist who fails to devote their full attention to the road, their surroundings, and the safe operation of their vehicle. While distraction includes obvious behaviors like texting, it also covers a wide range of everyday actions that interfere with driving performance. Under Ohio and Michigan law, a driver may be considered “distracted” if their eyes, hands, or attention are diverted—even for a moment—in a way that contributes to unsafe driving or a crash.
Common Examples of Distracted Driving Behaviors
These real-world behaviors often appear in crash reports and post-accident investigations:
Holding or reading a phone
Scrolling or typing on apps
Adjusting a GPS, playlist, or dashboard screen
Eating, drinking, or reaching for objects
Turning toward passengers or children in the back seat
Daydreaming or driving on “autopilot”
Recording videos or taking photos
Using in-vehicle infotainment systems
In many cases, the distracted behavior is not obvious at the scene. That’s why investigators and attorneys often rely on phone records, vehicle data, dash-cam footage, eyewitness statements, and a lack of braking evidence to determine whether distraction played a role.
│ Learn more about distracted driving accidents in Toledo
Understanding Distracted Driving
The CDC notes that texting while driving is particularly hazardous because it combines all three types of distraction at once—hands off the wheel, eyes off the road, and attention away from driving. This combination significantly increases the likelihood of a crash and is a leading reason why both states have strengthened their distracted driving laws.
│ Learn more about the costs of distracted driving.
Distracted Driving Laws in Ohio
Ohio law defines distracted driving as engaging in any non-driving activity that diverts attention from the road. According to the Ohio Department of Public Safety (ODPS), tasks like eating, adjusting controls, or interacting with a passenger may be considered distracting if they impair driving behavior. But electronic device use—especially texting—remains the primary cause of distraction-related crashes according to statewide crash data released annually by the Ohio State Highway Patrol (OSHP).
Ohio’s Hands-Free Law
Ohio strengthened its distracted driving laws in recent years by updating the hands-free provisions, making texting while driving a primary offense. This means law enforcement may conduct a traffic stop solely for observing electronic device use. OSHP reports show a significant increase in citations since the hands-free law took effect.
Drivers under age 18 are prohibited from using all electronic devices, even hands-free. Adults may use hands-free devices, but if device use leads to lane violations or unsafe driving, additional penalties may apply.
Penalties in Ohio
A standard distracted driving violation may result in fines beginning at $150.
Teen drivers face harsher consequences, including a 60-day license suspension.
Fines can escalate to $300 with license suspensions of up to a year for repeat offenses.
Distracted Driving Laws in Michigan
Michigan’s distracted driving framework focuses heavily on electronic device use but also recognizes manual, visual, and cognitive distractions consistent with national traffic safety definitions. According to the Michigan Office of Highway Safety Planning (OHSP), distraction remains a major contributing factor to serious injury and fatal crashes across the state, particularly when drivers divert attention to handheld devices.
Michigan’s Phone and Texting Restrictions
Michigan law prohibits texting while driving statewide. Current statutes allow adult drivers to use handheld phones for calls, but commercial drivers and drivers under 18 are restricted from handheld phone use entirely. OHSP accident data shows that young drivers are disproportionately represented in distraction-related crashes, which is why Michigan enforces stricter rules for Level 1 and Level 2 graduated license holders.
While lawmakers have proposed expanding the statewide hands-free requirements, Michigan’s existing laws allow officers to issue citations when a driver is texting, reading messages, or using a device in a manner that interferes with safe operation.
Penalties in Michigan
Initial distracted driving fines typically begin at $100.
Second or subsequent violations may start at $200.
Level 1 and Level 2 license holders may face fines of $240, along with additional restrictions.
Some municipalities enforce stricter penalties based on local ordinances, consistent with GHSA’s state-by-state distracted driving summaries.
Why Distracted Driving Leads to Serious Crashes
Research from NHTSA and IIHS shows that distracted driving significantly reduces reaction times, increases stopping distance, and compromises a driver’s ability to process roadway hazards. A driver glancing at a device for just five seconds while traveling 55 mph covers the length of a football field—blind. Studies repeatedly demonstrate that even hands-free conversations can impair hazard identification, as cognitive distraction persists for several seconds after the interaction ends.
Both Ohio and Michigan recognize distraction as a factor in severe rear-end collisions, intersection crashes, pedestrian impacts, and lane-departure accidents, as documented in annual crash fact publications from OSHP and OHSP. Because distraction is often difficult to detect in real-time, many accidents involving distraction require post-crash investigation, reconstruction, and analysis of cellphone records.
│ Learn more about distracted driving awareness.
How to Avoid Distracted Driving
Preventing distracted driving starts with understanding how easily a driver’s attention can drift—even for a split second. Many distraction-related crashes happen during routine tasks that drivers underestimate: looking at a notification, adjusting a playlist, checking a map, or responding to a passenger. Taking intentional steps to minimize distractions can significantly reduce the risk of a crash in both Ohio and Michigan, where distraction is consistently identified as a contributing factor in serious collisions.
Practical ways to avoid distracted driving include:
Silencing or stowing your phone before you start driving
Using Bluetooth or hands-free systems responsibly, and only when necessary
Setting your GPS, route, and music before pulling onto the roadway
Pull over to a safe location if you need to read or send a message
Avoiding multitasking, including eating, grooming, or reaching for items
Staying mentally present, especially on long or familiar routes
These simple strategies reduce the most common forms of manual, visual, and cognitive distraction — the same types consistently highlighted in crash reports from OSHP and OHSP. Drivers who take these preventive steps not only protect themselves but also reduce risk for passengers, pedestrians, cyclists, and other motorists.
│ Learn more about 6 ways to avoid distracted driving.
Determining Fault and Compensation After a Distracted Driving Accident
Determining liability after a distracted driving accident depends heavily on the laws in the state where the crash occurred. While Ohio follows a fault-based structure and Michigan uses a no-fault system, distraction plays a significant role in both states when assigning responsibility, proving negligence, and determining the types of compensation an injured person can pursue. Courts, insurance carriers, and crash investigators increasingly rely on digital evidence and behavioral data to establish whether distraction contributed to the collision.
How Distracted Driving Establishes Negligence
Distracted driving is widely recognized as negligent behavior under both Ohio and Michigan law. When a driver diverts attention from the road—whether by texting, holding a device, eating, interacting with passengers, or focusing on an in-vehicle screen—they violate their duty to operate a vehicle safely. If that distraction leads to a crash, it can form the basis of a negligence claim.
Modern accident investigations often include:
Phone records and carrier logs, which may show outgoing texts, calls, app use, or data spikes at the time of the collision
Timestamped social media activity or messaging apps
Vehicle infotainment system data, including touching or scrolling
Dash-camera or surveillance footage documenting inattentiveness
Witness statements, especially from those who saw the distracted behavior
Black box (EDR) data, which may reveal delayed braking or no braking at all
These forms of evidence directly support claims that distraction impaired the driver’s ability to react. Courts in both states accept this evidence regularly, and insurance companies often re-evaluate fault when presented with proof of distraction.
Liability Under Ohio Law: A Traditional Fault-Based System
Ohio follows a fault-based (tort) system, meaning the at-fault driver—and their insurance company—is responsible for paying for injuries, property damage, and related losses. When a driver is found to be texting or using a handheld device at the time of the crash, that evidence is strong support for negligence. Demonstrating distracted driving can significantly strengthen an Ohio injury claim by:
Increasing the likelihood of establishing fault
Raising the value of pain and suffering damages
Supporting claims for lost wages, medical care, and long-term care
Allowing punitive damages in certain egregious cases involving recklessness
Ohio’s hands-free law also reinforces the expectation that drivers stay focused. If a driver violates that law and causes a crash, the violation may be used as evidence of negligence per se—meaning the conduct itself is legally considered negligent.
Liability Under Michigan Law: No-Fault With Important Exceptions
Michigan’s no-fault insurance system functions differently. After a distracted driving crash, injured individuals typically begin with Personal Injury Protection (PIP) coverage, which pays for medical treatment, rehabilitation, lost wages, and certain household services regardless of who caused the crash.
However, distraction remains a critical factor because Michigan allows injured individuals to step outside the no-fault system and pursue additional compensation when the injuries meet specific legal thresholds.
A distracted driving victim in Michigan may pursue:
PIP benefits for medical care and lost wages
Non-economic damages (pain and suffering) if the injuries meet Michigan’s “serious impairment of body function” standard
Excess economic damages, such as uncovered medical bills or long-term wage loss
Third-party claims against the at-fault distracted driver or their insurer
According to the Michigan Office of Highway Safety Planning (OHSP), distraction is frequently present in major injury crashes that satisfy the serious impairment threshold, meaning distracted driving often becomes the reason victims can pursue legal action beyond PIP benefits.
How Distraction Affects Settlement Value
Whether the crash occurs in Ohio or Michigan, proving distraction often increases the value of an injury claim. Distracted drivers tend to be viewed by insurers, juries, and judges as more culpable than drivers who simply made a mistake or misjudgment. Evidence of distraction can:
Shift more fault to the distracted driver
Increase liability exposure for the at-fault driver
Support claims of ongoing or future damages
Strengthen arguments for non-economic and pain-and-suffering compensation
Influence claims of reckless or wanton behavior in severe cases
Insurance companies frequently attempt to minimize liability in distracted driving cases, but documented distraction makes it harder for them to dispute fault or downplay the severity of the victim’s injuries.
What to Do After a Distracted Driving Accident
If you believe the other driver was distracted, taking the right steps immediately can protect both your health and your ability to pursue compensation:
Seek medical attention, even if symptoms seem minor.
Report the accident and mention any signs of distraction.
Document everything at the scene, including device use if visible.
Gather witness statements or contact information.
Preserve photos, dash-cam footage, or surveillance footage if available.
Contact a personal injury lawyer experienced in distracted driving cases.
Distracted driving crashes often involve delayed reactions, inconsistent statements, or conflicting accounts, which means the evidence can fade quickly if it’s not collected right away. Insurance companies frequently challenge distracted driving claims unless there is clear documentation. Taking action early helps preserve the details of what occurred and creates a stronger foundation for proving fault, identifying the source of distraction, and securing full compensation for your injuries.
Injured by a Distracted Driver? Call Us. We Can Help
A distracted driving crash can change your life in seconds, leaving you with injuries, medical bills, lost income, and an overwhelming claims process. When a driver is texting, looking at a screen, or simply not paying attention, the consequences often fall on the people they harm—not the person who caused the crash. You don’t have to navigate this alone.
At Gallon, Takacs & Boissoneault, our attorneys have decades of experience handling distracted driving cases throughout Northwest Ohio, Southeast Michigan, and the surrounding region. We understand how to uncover the evidence that proves a driver was not paying attention, including phone records, data from onboard systems, eyewitness statements, and inconsistencies in crash reports. Our team knows how insurers approach distracted driving claims and what it takes to secure the full compensation the law allows.
Whether your case involves a rear-end collision, a lane-departure crash, a high-speed impact, or a no-fault claim in Michigan, our lawyers can guide you through your next steps, explain your rights, and help you pursue damages for medical care, lost wages, pain and suffering, and long-term needs.
If you’ve been injured by a distracted driver, do not wait. Your actions in the first days and weeks after a crash can make a significant difference in your case. Contact Gallon, Takacs & Boissoneault at 419-843-6663, or reach out online to schedule a free consultation and learn how we can help protect your rights.
Jonathan Ashton, Partner and Personal Injury Attorney, began his law career at GT&B in 2007 as a law clerk. He was hired as an associate immediately after passing the Ohio Bar in 2008. Jonathan practices in Personal Injury, representing clients who have been injured and need justice and compensation for them to move forward in their lives.
